GIFT   OF 


Op       O 

1     GIFT 


ADDRESS 


BY 


ALTON    B.    PARKER 


IN    MEMORIAM 

DAVID    BENNETT    HILL 


DELIVERED    AT    THE 

JOINT  MEETING  OF  THE  SENATE  AND  ASSEMBLY 
IN  THE  CAPITOL  AT  ALBANY 

JULY    6,     1911 


Address  by  Alton  B.  Parker,  delivered  at  the  Joint 

Meeting  of  the  Senate  and  Assembly,  at  the  Assembly 

Chamber,  in  the  Capitol,  Albany,  July  sixth,  nineteen  hun- 

"      '       *  -"  ;tethe 

party, 

WITH  COMPLIMENTS   OF 

ALTON  B.  PARKER 

3imett 
rs  and 
5h  the 

xxx^,  ^——j    -~  — »»  —  ir- -;0  the 

public  interests.  We  would  find  in  his  early  life  incidents 
of  great  human  interest  and  giving  large  promise  of  the 
usefulness  ^hich  followed.  But  those  years  of  his  life 
were  after  all  very  like  the  youthful  years  of  the  thou 
sands  in  this  country  who  began  life  on  the  farm  or  on 
the  tow-path,  in  the  house  by  the  woods  or  in  the  village 
home,  securing  their  early  education  under  disadvan 
tageous  circumstances,  but  persevering  ever.  Among  the 
men  who  have  thus  wrested  a  career  from  fortune  will 
be  found  multitudes  ministering  in  every  profession, 
countless  others  serving  in  public  station,  and  not  a  few 
who  have  ultimately  attained  the  Presidency  of  the  United 
States. 


240995 


Address  by  Alton  B.  Parker,  delivered  at  the  Joint 
Meeting  of  the  Senate  and  Assembly,  at  the  Assembly 
Chamber,  in  the  Capitol,  Albany,  July  sixth,  nineteen  hun 
dred  and  eleven,  at  eight  p.  m.,  called  to  commemorate  the 
services  of  the  Honorable  David  Bennett  Hill  to  his  party, 
his  State  and  his  country,  Governor  Dix  presiding. 


In  surveying  the  life  and  services  of  David  Bennett 
Hill  we  will  pass  over  Ms  boyhood  and  student  days  and 
the  earlier  years  in  his  chosen  profession,  to  reach  the 
more  expeditiously  the  full,  rich  years  devoted  to  the 
public  interests.  We  would  find  in  his  early  life  incidents 
of  great  human  interest  and  giving  large  promise  of  the 
usefulness  which  followed.  But  those  years  of  his  life 
were  after  all  very  like  the  youthful  years  of  the  thou 
sands  in  this  country  who  began  life  on  the  farm  or  on 
the  tow-path,  in  the  house  by  the  woods  or  in  the  village 
home,  securing  their  early  education  under  disadvan 
tageous  circumstances,  but  persevering  ever.  Among  the 
men  who  have  thus  wrested  a  career  from  fortune  will 
be  found  multitudes  ministering  in  every  profession, 
countless  others  serving  in  public  station,  and  not  a  few 
who  have  ultimately  attained  the  Presidency  of  the  United 
States. 


240995 


AT  THE  BAK. 

A  student  of  men,  well  grounded  in  the  principles  of 
the  law,  of  wide  reading  and  experience  in  their  applica 
tion,  ever  alert  and  watchful  of  the  opposition,  and  loyal 
to  the  last  degree  to  every  cause  he  espoused — he  soon 
reached  the  front  rank  of  the  profession  and  there  re 
mained  until  his  tasks  were  ended. 

The  work  of  his  late  years  was  compensated  for  by 
vastly  larger  fees  than  that  of  the  earlier. 

Interesting  as  would  be  a  review  of  his  professional 
life,  it  must  not  be  allowed  to  trespass  upon  a  considera 
tion  of  his  public  career.  That  occupied  seventeen  years 
of  his  life,  when  his  powers  were  at  their  best.  It  in 
cluded  a  longer  service  as  Governor  than  that  of  any  since 
Governor  DeWitt  Clinton. 

THE  YOUNG  POLITICIAN. 

In  the  Douglas  campaign  at  the  age  of  seventeen 
years  he  manifested  a  keen  appreciation  of  the  impor 
tant  duties  of  citizenship  in  a  political  address  at  Cayuta, 
Schuyler  County.  The  comment  of  the  county  papers  was 
to  the  effect  that  the  speech  indicated  very  considerable 
promise. 

Little  did  the  writers  think  that  this  boy  was  to  speak 
in  behalf  of  the  Democratic  party  in  every  campaign  save 
ono  from  eighteen  hundred  and  sixty  to  nineteen  hundred 
and  eight,  inclusive,  and  that  in  at  least  two  Democratic 
Presidential  Conventions  the  honor  of  leadership  on  the 
floor  of  the  convention  would  be  nearly  equally  divided 
between  another  and  himself,  and  that  in  still  another  his 
own  and  other  States  should  press  his  nomination  for  the 
Presidency. 

At  the  age  of  twenty-seven  he  was  sent  to  the  Legis- 


lature  from  Chemung  County,  becoming  a  member  of  the 
Committees  on  Judiciary,  Railroads  and  Elections.  He 
introduced  a  bill  to  abolish  contract  labor  in  prisons.  It 
failed  of  passage,  but  such  an  act  was  passed  while  he 
was  Governor,  receiving  his  approval. 

He  was  returned  to  the  Legislature  the  following 
year,  serving  on  the  same  committees.  He  and  Samuel 
J.  Tilden  were  the  only  Democratic  members  of  the  Judi 
ciary  Committee,  and  they  took  part  in  the  impeachment 
of  Judge  Barnard. 

Assemblymen  Tilden  and  Hill  became  confirmed 
friends,  the  younger  member  giving  to  Mr.  Tilden  and 
his  leadership  enthusiastic  and  effective  support.  As 
Governor  Mr.  Tilden  appointed  Mr.  Hill  a  member  of 
the  commission  to  prepare  a  uniform  charter  for  cities, 
but  he  was  unable  to  accept. 

Mr.  Tilden  said  of  him  in  eighteen  hundred  and  sev 
enty-six,  "He  is  the  most  promising  young  Democrat  in 
the  country  to-day, ' '  and  in  eighteen  hundred  and  eighty- 
five,  although  in  feeble  health,  he  gave  out  an  interview 
in  support  of  Mr.  Hill's  candidacy  for  Governor. 

Indeed,  in  eighteen  hundred  and  eighty-two  Mr.  Til 
den  desired  him  to  be  the  candidate  for  Governor,  but 
instead  Mr.  Hill  sought  the  nomination  for  Lieutenant- 
Governor,  and  gave  his  support  to  the  nomination  of 
Grover  Cleveland  for  Governor. 

Mr.  Cleveland  and  Mr.  Hill  were  then  the  Mayors 
of  their  respective  cities,  and  their  nominations  for  Gov 
ernor  and  Lieutenant-Governor  were  ratified  by  majori 
ties  approximating  one  hundred  and  ninety-two  thousand. 

GOVERNOR  HILL. 

The  election,  of  Mr.  Cleveland  to  the  Presidency  in 
eighteen  hundred  and  eighty-four  was  followed  by  his 


resignation  as  Governor  on  the  sixth  of  January,  eighteen 
hundred  and  eighty-five. 

Governor  Hill's  subsequent  election  for  a  term  of 
three  years  in  November,  eighteen  hundred  and  eighty- 
five,  was  followed  by  a  re-election  for  a  like  term  in 
eighteen  hundred  and  eighty-eight.  But  the  defeat  in 
this  State  at  the  same  time  of  the  Democratic  Presiden 
tial  electors  was  a  sore  grief  to  him.  Aside  from  his 
earnest  desire  for  the  success  of  the  party,  he  had — and 
rightly  so — an  ambition  for  eighteen  hundred  and  ninety- 
two,  and  no  one  realized  more  clearly  than  he  that  his 
only  hope  for  such  preferment  would  be  buried  by  the 
defeat  of  Mr.  Cleveland's  electors  in  this  State. 

With  all  his  energy  and  ability,  upon  the  platform 
and  otherwise,  in  this  and  in  other  States — he  appealed 
to  the  people  for  the  success  of  the  national  ticket. 

Mr.  Cleveland  understood  the  situation,  and  thus 
expressed  himself  subsequently: 

"I  want  you  some  time  to  correct  the  false  impres 
sion  abroad  that  I  either  have,  or  had,  any  idea  or  im 
pression  that  the  Presidential  ticket  was  the  victim  of 
treachery  in  New  York  in  the  election  of  eighteen  hun 
dred  and  eighty-eight.  Nobody  could  understand  better 
than  I  how  that  seemingly  contradictory  result  was 
reached.  My  campaign  for  re-election  was,  of  necessity, 
made  upon  a  single  national  issue  so  forced  to  the  front 
that,  as  I  had  foreseen,  there  was  no  such  thing  as  evading 
it,  even  if  my  party  or  myself  had  so  desired. 

"On  the  other  hand,  the  State  campaign  had  issues 
peculiar  to  itself,  with  their  own  supporters,  men  to  whom 
the  tariff  had,  from  a  business  and  political  point  of  view, 
only  the  remotest  interest.  The  brewers  had  their  own 
organization  for  the  purpose  of  protecting  the  property 


under  their  management  and  jurisdiction.  They  had  the 
right  to  use  their  power  for  their  own  protection,  and 
that  they  exercised  this  right  and  power  in  their  own 
way  in  no  way  constituted  a  grievance  so  far  as  the 
Presidential  ticket  was  concerned.  If  they  could  attract 
votes  from  a  weak  and  unpopular  Republican  candidate 
— supposed  to  be  inimical  to  them — to  his  opponent  who 
would  be  fair  because  he  was  strong,  they  had  a  perfect 
right  to  do  so.  I  had  had  sufficient  experience  in  State 
politics  to  understand  the  whole  situation  and  never  per 
mitted  myself  to  reproach  Governor  Hill  or  his  friends 
for  the  untoward  result  so  far  as  I  was  personally  con 
cerned. 

"I  have  never  ceased  to  admire  and  praise  Governor 
Hill  for  his  clean,  high-minded  administration  of  the 
affairs  of  the  great  State  of  New  York.  It  kept  down 
taxation,  and  was  efficient  in  carrying  out  the  traditional 
ideas  of  his  party  and  our  institutions. ' ' 

Nevertheless,  there  were  those  within  the  party  who, 
without  evidence  to  support  it,  and  against  the  over 
whelming  weight  of  evidence  to  the  contrary,  charged 
disloyalty  on  Governor  Hill's  part.  The  injustice  of  it 
was  hard  to  bear,  but  it  was  borne  silently  and  uncom 
plainingly,  as  was  his  wont. 

FALSELY  ACCUSED. 

It  was  his  rule  never  to  answer  an  attack,  however 
unjust. 

The  consciousness  that  he  had  done  right  for  right's 
sake  was  sufficient  for  him.  Let  others  falsely  assign  a 
bad  reason  for  wise  action  or  charge  non-action  when 
he  had,  in  fact,  acted,  if  they  would — answer  he  would 
not. 


Let  me  cite  an  instance,  verified  by  the  original  letters 
now  in  the  possession  of  his  executors : 

Holding  Judge  Isaac  H.  Maynard  in  high  esteem  as 
a  man  of  ability,  integrity  of  purpose  and  spotless  honor ; 
believing,  as  he  did,  that  the  later  in  openly  reclaiming 
the  Dutchess  County  election  returns,  before  office  hours, 
from  the  Comptroller,  by  the  direction  of  the  County 
Clerk,  who  had  mistakenly  mailed  them — was  both  legal 
and  proper ;  and,  further,  being  sure  that  the  attack  upon 
the  Judge  was  solely  for  the  purpose  of  delivering  a  blow 
at  himself  over  Judge  Maynard 's  shoulder;  nevertheless, 
on  October  fourth,  eighteen  hundred  and  ninety-three,  he 
wrote  the  Judge  a  long  letter,  which  he  sent  him  by  spe 
cial  messenger,  advising  that  "in  view  of  the  evidence 
of  opposition  "  he  "  retire  for  the  sake  of  harmony. ' '  The 
letter  closes  with  this  sentence : 

"This  is  the  most  painful  letter  I  ever  penned — but 
believe  me  still,  your  sincere  friend." 

The  day  following  Judge  Maynard  replied,  declining 
to  accept  Mr.  Hill's  advice.  His  letter  concluded  as  fol 
lows: 

"I  know  that  you  would  not  advise  or  suggest  any 
thing  you  did  not  believe  to  be  for  my  good  and  for  the 
party's  good,  but  I  am  also  sure  that  you  would  not  ex 
pect  me  to  take  a  step  which  I  could  never  regard  without 
a  sense  of  humiliation  and  shame,  and  which  in  my  judg 
ment  would  cause  me  the  loss  of  my  own  self-respect,  and 
the  respect  of  my  friends." 

The  defeat  of  the  party  in  the  election  of  eighteen 
hundred  and  ninety-three  was  followed  by  a  bitter  as 
sault  upon  Mr.  Hill,  the  charge,  in  effect,  being  that 


against  the  judgment  of  the  other  party  leaders  he  had 
forced  the  nomination  of  Judge  Maynard ;  that  his  course 
was  prompted  by  selfishness,  and  was  in  entire  disregard 
of  the  rights  and  interests  of  the  party.  But  not  a  word 
of  denial  or  explanation  came  from  him. 

In  eighteen  hundred  and  ninety-four,  against  his  ear 
nest  protest,  he  was  again  nominated  for  Governor.  Pub 
lic  prints  and  speeches  repeated  then  the  charge  of  party 
misconduct  in  forcing  the  nomination  of  Judge  Maynard. 

On  the  twenty- third  of  October,  eighteen  hundred  and 
ninety-four,  Judge  Maynard  wrote  Senator  Hill  a  letter, 
enclosing  the  letter  of  advice  Senator  Hill  wrote  him  on 
October  fourth,  eighteen  hundred  and  ninety-three.  The 
Judge 's  letter  concluded  as  follows :  ' '  I  herewith  enclose 
the  same,  for  such  use  as  in  your  judgment  may  be  most 
advisable. ' ' 

Still  he  did  not  publish  it,  and  went  down  to  political 
defeat  for  the  first  time  in  his  life,  and  without  a  murmur. 

It  may  be  that  his  great  affection  for  Judge  Maynard 
contributed  toward  his  decision,  but  the  fact  remains 
that  his  course  in  this  instance  was  in  line  with  his  settled 
policy  not  to  answer  those  who  misrepresented  him,  or 
accused  him  of  doing  that  which  he  ought  not  to  have  done 
or  leaving  undone  that  which  he  ought  to  have  done. 

Other  interesting  illustrations  could  be  given  did  time 
permit. 

Personally,  I  know  of  but  one  exception  to  this  rule 
of  silence.  As  that  had  to  do  with  a  matter  of  profes 
sional  ethics,  he  brought  it  to  the  attention  of  the  State 
Bar  Association.  Their  investigation  resulted  in  his  com 
plete  vindication. 

I  am  of  the  opinion  that  it  would  have  been  the  part 
of  wisdom  to  have  occasionally  strangled  the  libels  his 
enemies  created  to  his  injury.  But  it  must  be  admitted 


that  his  patient  sufferance  indicates  great  strength  of 
character  and  full  confidence  that  "Truth,  crushed  to 
earth,  shall  rise  again, "  or,  as  he  said,  in  professional 
phrase,  '  *  It  will  come  out  all  right  in  the  summing  up. ' ' 

STATE  ADMINISTRATION. 

In  his  first  message,  addressed  to  a  Legislature  in 
political  oppostion,  he  said: 

' '  The  people  demand  better  government,  purer  meth 
ods  and  higher  aims,  and  whatever  party  gives  the  best 
evidence  of  the  honest  fulfillment  of  such  purposes  will 
receive  their  confidence  and  approval. ' ' 

Frugal  himself,  it  is  easy  to  understand  how  it  hap 
pened  that  he  set  himself  the  task  of  preventing  waste 
and  extravagance  in  the  expenditure  of  public  funds. 

His  efforts  were  successful.  How  thoroughly  suc 
cessful  the  people  came  to  appreciate  last  year  when  com 
parison  was  made  between  the  expenditures  under  his 
administration  and  those  of  his  several  successors. 

As  we  take  up  each  year  the  two  or  more  volumes 
of  the  session  laws  which  embody  the  work  of  the  Leg 
islature,  we  are  like  to  wonder  if  it  can  be  really  true 
that  during  Governor  Hill's  administration  there  was  but 
a  volume  a  year.  Examination  discloses  that  our  recollec 
tion  is  exact. 

It  was  due,  however,  not  to  the  Legislature,  but  to 
the  Governor. 

He  waged  war  without  ceasing  against  unnecessary 
as  well  as  bad  legislation.  He  sought  not  credit  for  this 
strenuous  service,  but  rendered  it  in  the  public  interest 
as  his  duty  of  course. 

Instead  of  writing  a  stinging  veto  of  an  unnecessary 


9 

or  unworthy  bill,  thus  wounding  the  introducer — who 
quite  likely  acted  without  fully  appreciating  the  character 
of  the  measure — he  sent  for  him,  pointed  out  the  objec 
tion,  and  suggested  that  the  introducer  might  like  to  recall 
the  bill.  If  the  member  decided  not  to  do  so,  the  veto 
followed. 

In  other  words,  he  did  not  try  to  make  political  capital 
for  himself  at  the  expense  of  other  members  of  the  State 
Government.  A  right  result  was  his  only  aim. 

THE  COUKTS. 

Partisan  he  was,  of  vigorous  and  rigorous  type.  His 
party  attachment  and  loyalty  is  well  told  in  one  speech  in 
the  Senate,  in  which  he  said : 

i  i  Born  of  a  Democratic  ancestry,  reared  under  Demo 
cratic  teachings,  a  public  life  devoted  to  building  up  and 
strengthening  the  party  whose  principles  I  have  always 
zealously  espoused,  my  interests,  my  sympathies,  my 
hopes  and  my  aspirations  are  all  within  party  lines/' 

He  believed  that  the  Democratic  party  was  most  sorely 
needed  in  the  conduct  of  the  National  Government,  and 
that  it  was  his  duty  as  well  as  that  of  every  man  enter 
taining  a  like  belief  to  contribute  his  best  effort  to  that 
result.  Party  organization  with  the  power  to  administer 
discipline  seemed  to  him  absolutely  essential.  But  this 
principle  of  party  government  in  his  judgment  ought  not 
to  be  invoked  as  to  the  judiciary. 

He  believed  it  of  the  highest  public  import  that  the 
courts  should  deserve  and  have  the  perfect  confidence  of 
all  the  people,  and  that  one  means  to  that  end  is  to  have 
the  appellate  courts  as  nearly  evenly  divided  as  possible 
as  to  party  faith. 


10 

As  always  with  him,  his  creed  was  father  to  his  prac 
tice.  And  when  the  responsibility  came  of  appointing 
seven  Supreme  Court  Justices  to  constitute  the  Second 
Division  of  the  Court  of  Appeals,  he  carried  the  principle 
to  a  generous  extreme. 

He  could  have  created  a  court  with  a  majority  of  Dem 
ocrats.  Instead  he  appointed  four  Eepublicans  and  three 
Democrats. 

When  Judge  Potter  left  the  court  the  opportunity 
again  occurred  to  make  the  court  Democratic,  but  he  re 
garded  Mr.  Justice  Landon,  Eepublican,  best  equipped 
of  the  available  Supreme  Court  Justices,  by  reason  of 
his  long  service  in  the  General  Term;  so  to  him  the 
appointment  went. 

So,  too,  did  he  appoint  Eepublicans  to  fill  vacancies 
caused  by  death  or  resignation  of  Supreme  Court  Jus 
tices  chosen  by  that  party.  And  his  selections  were  rati 
fied  by  the  nomination  of  both  parties,  and  subsequent 
election  by  the  people. 

As  a  party  leader  he  gave  effective  support  to  the 
adoption  of  that  which  has  now  become  settled  custom : 
that  all  worthy,  able  and  efficient  judges  should  have  re 
election  without  party  opposition. 

As  Governor  it  fell  to  him  to  appoint  a  large  com 
mission  to  revise  the  Judiciary  Article  of  the  Constitu 
tion.  He  selected  its  members  from  the  leaders  of  the 
bar  of  the  State,  eliminating  no  man  because  of  his  per 
sonal  or  political  opposition,  and  giving  to  each  party 
equal  representation. 

It  will  not  be  claimed,  I  think,  that  his  record  as 
respects  the  judiciary  has  a  parallel  in  the  history  of  the 
State. 


11 

,   ;  ,.       GUBERNATORIAL  DETAILS. 

The  purely  administrative  duties  of  the  Governor 
were  performed  by  him  with  that  painstaking  care,  anx 
ious  attention  to  detail  and  energy  in  execution  which 
characterized  whatever  he  undertook. 

For  instance :  Once  every  year  he  visited  the  prisons. 
It  was  neither  a  junketing  excursion  nor  an  idle  ceremony. 
He  notified  the  warden  long  in  advance  of  his  coming  that 
he  would  personally  hear  any  application  for  pardon  that 
was  deemed  worthy  of  consideration.  In  most  cases  the 
applicant's  appeal  was  dismissed  at  the  end  of  an  exami 
nation  in  the  conduct  of  which  all  the  skill  and  ability  of 
the  Governor  was  employed  to  ascertain  the  truth. 

Instances  there  were,  however,  which  led  to  an  investi 
gation  outside  the  prison  which  disclosed  either  miscar 
riage  of  justice  or  excess  of  punishment,  and  a  pardon 
resulted. 

Like  thoroughness  he  employed  in  every  branch  of 
his  administrative  work. 

Some  of  the  multitude  of  things  accomplished  by  legis 
lative  action  but  due  to  his  initiative  and  recommendation 
were: 

The  substitution  of  electrocution  for  hanging. 

Institution  of  Labor  Day  and  the  Saturday  half  holi 
day. 

Insurance  of  the  right  of  religious  liberty  in  public 
institutions. 

Grant  to  the  Executive  of  power  to  appoint  a  referee 
to  take  testimony  on  applications  for  pardon. 

Creation  of  the  Statutory  Revision  Commission. 

Expediting  of  the  final  dispositon  of  murder  cases 
by  permitting  direct  appeal  to  Court  of  Appeals. 

Establishment  of  the  Forest  Preserve,  and  creation 
of  a  commission  to  have  general  supervision  thereof. 


12 

Institution  of  State  Arbitration  for  disputes  between 
employer  and  employee. 

Limitation  of  preferences  under  General  Assignments 
to  one-third  of  estate. 

Eepeal  of  acts  superseded  by  Penal  and  Criminal 
Codes. 

Provision  for  organization,  supervision  and  adminis 
tration  of  trust  companies. 

Inauguration  of  industrial  training  in  schools. 

Creation  of  Commission  for  Promotion  of  Uniformity 
of  Legislation  in  the  United  States. 

Establishment  of  County  Eoads,  the  predecessors  of 
our  State  Roads. 

Amendment  of  the  Civil  Service  Law  by  giving  a 
preference  to  veterans  of  the  Civil  War. 

The  originating  of  legislation  against  child  labor  in 
this  State. 

Prohibition  of  electioneering  within  one  hundred  and 
fifty  feet  of  the  polls  and  the  institution  of  voting  booths. 

Amendment  to  Penal  Code  requiring  candidates  to  file 
statement  of  expenses  ten  days  after  election. 

Statutory  direction  to  certain  classes  of  corporations 
to  make  weekly  payment  of  wages  and  salary. 

SENATOK  HILL. 

Having  completed,  on  the  thirty-first  day  of  Decem 
ber,  eighteen  hundred  and  ninety-one,  his  term  as  Gover 
nor,  he  immediately  entered  upon  his  duties  as  United 
States  Senator,  to  which  office  he  had  been  elected  in  the 
preceding  January. 

During  the  greater  portion  of  his  term  he  served  as 


13 

Chairman  of  the  Committee  on  Immigration,  and  as  mem 
ber  of  the  Judiciary,  Fisheries,  Organization  of  Execu 
tive  Department,  and  other  committees. 

With  his  accustomed  energy  he  grappled  with  the 
work  before  his  committees,  bringing  to  bear  upon  it  his 
well-trained  mind  and  wide  knowledge  of  law  and  affairs. 
He  was  soon  known  to  his  associates  as  an  indefatigable 
and  effective  working  member. 

In  time  they  came  to  know  that  New  York's  Senator 
was  the  most  effective  debater  that  had  represented  his 
State  since  the  days  of  Conkling. 

INCOME  TAX. 

Some  of  his  then  associates  are  of  the  opinion  that 
— everything  considered — the  most  masterful  of  all  his 
arguments  were  made  in  the  great  debate  on  the  Income 
Tax  features  of  the  Wilson  Bill.  It  is  unquestioned  that 
no  other  speeches  on  that  subject  were  comparable  to  his. 

He  began  the  first  speech  by  entering  the  protest  of 
New  York.  He  p'ointed  out  that  under  the  war  emergency 
income  tax  New  York  had  furnished  thirty  per  cent,  of 
the  total  revenues  derived  from  that  tax,  challenged  proof 
that  its  proportion  would  be  less  under  the  bill  proposed, 
and  declared  it  to  be  unjust  and  sectional  in  its  design  and 
operation. 

Presenting  fifteen  objections,  some  of  them  general 
and  others  special,  he  made  vigorous  argument  in  sup 
port  of  each. 

The  first  speech  was  made  April  ninth,  eighteen  hun 
dred  and  ninety-four;  the  last  July  third.  And  in  the 
meantime  several  long  and  careful  addresses  were  deliv 
ered. 

Securing  by  amendment  the  exemption  from  taxation 


14 

of  income  from  bonds  of  the  United  States,  he  followed 
with  an  attempt  to  secure  like  exemption  of  the  income 
from  State  bonds.  But  this  effort  was  of  no  avail. 

He  charged  the  bill  to  be  unjust  and  indefensible  in 
its  discriminations  in  that  it  necessarily  exempted  the 
income  from  six  hundred  and  thirty-five  millions  of  Fed 
eral  bonds,  but  denied  like  exemption  to  State  bonds. 

Then  followed  a  masterly  argument  to  the  effect  that 
so  much  of  the  tax  as  is  levied  upon  income  derived  from 
bonds  issued  by  municipal  corporations  was  a  tax  upon 
the  power  of  the  State  and  its  instrumentalities  to  bor 
row  money,  and  consequently  was  repugnant  to  the  Con 
stitution  of  the  United  States. 

In  the  first  decision  in  the  Pollack  case  (157  U.  S.,  429) 
the  United  States  Supreme  Court  completely  sustained 
his  position. 

His  legal  arguments  in  support  of  his  assignments  of 
unconstitutionality  as  to  separate  features  of  the  bill,  as 
well  as  to  the  bill  as  a  whole,  captured  the  interest  and 
the  admiration  of  the  bar  of  the  country. 

Unmatched  in  the  debate,  he  was,  nevertheless,  over 
borne  in  the  vote. 

Immediately  a  contest  was  determined  upon,  an  effort 
was  made  to  retain  the  Senator  to  argue  the  case  in  the 
Supreme  Court  of  the  United  States.  A  large  retainer 
was  offered,  but  he  would  not  accept  it,  although  he  hoped 
and  believed  his  position  would  be  vindicated  by  the 
Court.  His  reason  was  that  while  he  had  no  hesitation 
in  telling  his  brother  Senators  to  their  faces  his  view  of 
their  proposed  legisation,  it  seemed  quite  a  different 
matter  to  him  and  somewhat  indelicate  to  denounce  their 
action — however  diplomatically — before  the  Court. 

So  the  pleasure  was  not  his  of  presenting  the  argu 
ment  to  the  Supreme  Court,  But  he  had  great  satisfac- 


15 

tion  in  the  decision,  not  only  because  it  sustained  his  view 
of  the  unconstitutionally  of  the  provisions,  but  also  be 
cause  in  his  judgment  a  wise  governmental  position  was 
attained. 

GOOD  IN  AN  ENEMY. 

The  world  is  full  of  men  whose  eyes  are  not  blinded  by 
closest  friendship  or  dearest  kinship.  These  see  and 
point  out  the  fault  that  shows  perfection  uriattained. 

Barer  the  man  with  sense  so  keen  that  the  fair  quali 
ties  of  his  enemy  are  visible  to  him.  Senator  Hill  was 
one  of  these.  And  he  freely  and  fairly  acknowledged 
admirable  trait  and  worthy  deed. 

FIRST  DEFENSE  OF  PRESIDENT  CLEVELAND. 

In  eighteen  ninety-four,  during  the  heat  of  the  sum 
mer  and  of  the  legislative  debate  on  the  Wilson  Tariff 
Bill,  President  Cleveland  sent  a  letter  to  the  Chairman 
of  the  Committee  of  Ways  and  Means  in  the  House. 
The  letter  criticized  adversely  certain  provisions  of  the 
pending  measure.  It  provoked  a  volley  of  protest  from 
most  of  the  Democratic  leaders  in  the  Senate,  they  cen 
suring  it  as  an  impropriety. 

Wide  as  was  the  breech  between  the  President  and 
Senator  Hill,  the  latter  came  to  the  defense  of  President 
Cleveland  and  stood  alone  against  the  storm  raging 
against  him. 

He  said,  in  part :  "  I  am  not  the  defender  of  the  Presi 
dent  ordinarily.  I  have  received  no  favors  at  his  hands, 
as  you  and  the  country  well  know.  I  have  my  political 
grievances.  I  differ  with  him  on  interparty  policy,  espe 
cially  on  political  matters  in  my  own  State.  *  *  * 
But  I  think  *  *  *  in  this  particular  it  is  my  duty, 


16 

and  I  am  broad-minded  and  liberal  enough  to  defend  him 
when  he  is  unjustly  attacked/' 

Of  those  who  attacked  the  President  were  Senator 

Vest  of  Missouri,  who  made  the  first  speech,  Senator 

J^'Gorman   of   Maryland,    Senator   Jones    of   Arkansas 

Senator  Voorhees   of  Indiana  and   Senator  Harris   of 

Tennessee. 

Senator  Hill,  in  closing  his  defense,  said : 

"I  am  reminded  how,  years  ago,  a  senatorial  cabal 
conspired  to  assassinate  the  great  Roman  Emperor.  If 
I  were  disposed  to  make  comparisons,  I  might  speak  of 
the  distinguished  Senator  from  Maryland  as  the  'lean 
and  hungry  Cassius.'  You  recollect  what  Caesar  said  of 
him.  He  said : 

'He  thinks  too  much;  such  men  are  dangerous.' 

"I  might  speak  of  the  Senator  from  Arkansas  as 
Marcus  Brutus — ' Honest  Brutus.'  *  Casca  was 

the  distinguished  Senator  who  struck  the  first  blow  last 
Friday.  Trebonius,  the  Senator  from  Indiana — testy, 
probably  a  little  petulant — 'good  Trebonius.'  Metellus 
Cimber,  the  distinguished  Senator  from  Tennessee.  *  *  * 

"When  yesterday  they  stabbed  at  our  President  and 
sought  to  strike  him  down,  they  made  the  same  plea  as 
did  the  conspirators  of  old,  that  they  struck  for  Eome — 
for  their  country.  They  said  they  did  it  hot  that  they 
loved  Cassar  less,  but  that  they  loved  Eome  more;  not 
that  they  loved  the  President  less,  but  they  loved  their 
party  and  this  Senate  bill  more.  I  can  say  with  Mark 
Antony : 

"  'What  private  griefs  they  have,  alas,  I  know  not, 
That  made  them  do  it;  they  are  wise  and  honorable.' " 


17 
A  BOND  ISSUE. 

On  January  third,  eighteen  hundred  and  ninety- six, 
Senator  Hill,  while  temporarily  presiding  in  the  Senate, 
made  a  ruling  which  added  greatly  to  his  reputation 
as  a  parliamentarian,  furnished  another  illustration  of 
the  rapidity  of  his  mental  processes,  and  relieved  the 
Administration  from  threatened  embarrassment. 

At  the  time  the  Federal  treasury  had  not  sufficient 
gold  on  hand  to  promptly  meet  the  obligations  which 
the  credit  of  the  Nation  required  should  be  paid  in  that 
coin^  and  the  Administration  was  considering  a  bond 
issue. 

After  the  assembling  of  the  Senate  at  noon  on  Fri 
day,  January  third,  a  motion  was  carried  that  at  the 
close  of  the  day  the  Senate  adjourn  to  Tuesday,  January 
seventh. 

The  Vice-President  called  Senator  Hill  to  the  chair 
and  left  for  the  day. 

Then  followed  an  extended  speech  by  Senator  Sher 
man  on  the  financial  situation.  At  its  conclusion  Senator 
Butler  (Populist)  of  North  Carolina  asked  for  the  pres 
ent  consideration  of  a  bill  which  he  had  theretofore  intro 
duced,  being  "A  bill  to  prohibit  the  further  issue  of 
interest-bearing  bonds  without  the  consent  of  Congress." 
It  provided  as  follows :  "Be  it  enacted  that  the 

issuance  of  interest-bearing  bonds  of  the  United  States 
for  any  purpose  whatever,  without  further  authority 
from  Congress,  is  hereby  prohibited." 

After  a  brief  speech  he  asked  immediate  considera 
tion. 

A  single  objection  would  prevent  its  passage  at  that 
session,  and  from  the  standpoint  of  the  Administration  it 
was  vital. 


18 

Senator  Hill  appreciated  the  situation,  and  hoped  and 
expected  an  objection.  But  none  was  made.  However, 
he  proved  equal  to  the  emergency,  for  he  made  the  follow 
ing  announcement:  "The  Senator  from  Neiv  York,  now 
in  the  chair,  objects  to  the  consideration  of  the  bill," 
much  to  the  surprise  and  consternation  of  the  Populists 
and  their  Eepublican  allies. 

A  coterie  of  Populist,  Democratic  and  Eepublican 
Senators — who  were  by  this  bill  seeking  to  embarrass  the 
Administration — excited  and  incensed,  hurriedly  gath 
ered  in  front  of  the  Journal  Clerk,  and  referring  to  Sen 
ator  Hill  said,  "Could  he  do  that?"  The  Clerk,  smiling, 
quietly  replied,  "Well,  he  has  done  it!"  Subsequently 
the  Clerk  stated  that  although  he  knew  of  no  precedent 
for  the  announcement,  he  had  no  doubt  of  either  its  legal- 
itv  or  propriety.  And  the  incident  was  closed. 

How  timely  and  helpful  to  the  Goverment  his  action 
was  you  will  appreciate  when  I  tell  you  that  on  the  fol 
lowing  Monday  morning,  January  sixth,  the  Secretary  of 
the  Treasury  published  a  call  for  a  popular  loan  for  one 
hundred  million  dollars. 

Saturday  morning  Colonel  Lamont  requested  Senator 
Hill  to  confer  with  Secretary  Carlisle  and  himself  on  the 
financial  situation.  The  question  discussed  was  whether 
the  amount  of  the  loan  should  be  fifty  or  one  hundred 
millions,  and  whether  the  bonds  should  be  sold  at  private 
sale  to  a  syndicate  or  disposed  of  to  the  general  public  as 
a  popular  loan. 

The  conference  lasted  several  hours.  Senator  Hill 
arguing  for  a  popular  loan  of  one  hundred  millions ;  Sec 
retary  Carlisle  favoring  a  private  sale  on  the  ground  that 
it  was  certain  to  produce  the  needed  money,  while  the 
result  of  a  popular  loan  could  not  be  foretold. 


19 

The  President  on  the  day  following  decided  in  favor 
of  the  popular  loan  of  one  hundred  millions. 

It  was  entirely  successful,  and  the  threatened  crisis 
passed. 

Defeated  in  this  carefully  prepared  scheme  to  em 
barrass  the  Government,  the  enemies  of  the  Administra 
tion  then  apparently  decided  that  if  they  could  not  block 
the  financial  plans  of  the  Administration  they  could  at 
least  throw  mud  at  it. 

Accordingly,  on  the  twelfth  day  of  the  following 
month,  Senator  Peffer  of  Kansas,  a  Populist,  introduced 
a  resolution  providing  for  the  appointment  of  a  special 
committee  of  the  Senate  to  investigate  and  report  all 
material  facts  and  circumstances  connected  with  the  sale 
of  United  States  bonds  by  the  Secretary  of  the  Treasury 
in  the  years  eighteen  hundred  and  ninety-four,  eighteen 
hundred  and  ninety-five  and  eighteen  hundred  and  ninety- 
six. 

The  resolution  came  up  again  six  days  later.  Senator 
Sherman  moved  its  reference  to  the  Financial  Committee. 
Senator  Peffer  opposed  such  reference,  and  stoutly  in 
sisted  on  a  special  committee. 

Thereupon  Senator  Hill  began  an  address  to  the  Sen 
ate,  in  opposition  to  any  investigation  either  by  the 
Finance  Committee  or  a  special  committee.  It  occupied 
the  major  portion  of  many  days  before  it  was  finally 
concluded,  on  May  sixth. 

The  introducer,  as  well  as  the  supporters  of  the  reso 
lution,  and  their  motives,  were  presented  in  a  light  that 
must  have  made  them  very  uncomfortable.  Severe  as 
was  their  castigation,  it  was  but  just,  as  that  which  hap 
pened  then  and  afterwards  makes  clear. 

The  resolution  went  to  the  Finance  Committee,  which 
made  a  report  of  the  evidence  without  recommendation. 


20 

An  inquiry  made  by  a  Senator  two  days  before  Sen 
ator  Hill's  term  expired  prompted  him  to  make  a  brief 
address  to  the  Senate,  in  the  course  of  which  he  said: 
il  There  was  not  a  scintilla  of  evidence  to  invalidate  the 
bond  sale,  or  to  cast  any  suspicion  upon  it."  \# 

IMPORTANT  MATTERS  IN  SENATE. 

As  early  as  eighteen  hundred  and  ninety  Senator 
Hill  advocated  the  repeal  of  the  Sherman  Silver  Law. 
When  the  extraordinary  session  of  eighteen  hundred  and 
ninety-three  was  called  to  relieve  the  then  "present  im 
pending  danger  and  distress, "  he  predicted  its  repeal, 
and  he  advocated  and  voted  for  the  repeal  measure  which 
was  passed  at  that  session,  his  speeches  being  largely  re 
sponsible  for  that  result. 

Senator  Hill  favored  and  voted  for  the  measure  of 
eighteen  hundred  and  ninety-four  providing  for  the  coin 
age  of  the  silver  bullion  then  belonging  to  the  Govern 
ment,  known  as  i  i  seigniorage. ' '  He  believed  this  to  be  the 
proper  disposition  of  the  bullion.  Also,  he  hoped  that 
the  passage  of  this  act  would  cool  the  anger  of  the  silver 
Democrats  over  the  repeal  of  the  Sherman  Act,  and  pre 
vent  such  a  split  as  occurred  in  the  party  in  eighteen 
hundred  and  ninety-six.  The  bill  passed,  but  was  vetoed. 
In  eighteen  hundred  and  ninety-eight  a  bill  was  passed 
providing  for  the  coinage  of  the  same  bullion. 

He  introduced,  and,  after  a  long  contest,  secured  the 
enactment  of  a  patriotic  measure  repealing  the  act  mak 
ing  Confederate  veterans  ineligible  for  appointment  in 
the  army  or  navy  of  the  United  States.  .. ... 

He  was  an  earnest  advocate  of  the  repeal  of  the  Fed 
eral  Election  Law,  which  had  long  made  possible  unfair 
interference  with  the  conduct  of  elections  by  the  States. 


21 

These  are  but  a  few  of  the  many  matters  in  which 
Senator  Hill  took  prominent  part  in  the  Senate. 

STATE  LEADEK. 

Returning  from  the  Senate,  he  continued  to  be,  as 
before  he  had  been,  the  undisputed  leader  of  the  Demo 
cratic  party  in  this  State,  until  he  voluntarily  withdrew 
from  politics  January  first,  nineteen  hundred  and  five. 
His  leadership  was  due  in  no  degree  whatever  to  patron 
age,  for  he  had  none  for  many  years,  but  was  due  to  the 
fact  that  the  Democratic  masses  of  the  State  had  the 
utmost  confidence  in  his  character,  his  ability  and  his  loy 
alty  to  the  fundamental  principles  of  Democracy. 

POLITICAL  HONESTY. 

Throughout  his  life  David  B.  Hill  was  the  unyielding 
foe  of  corruption  in  the  public  service. 

When  he  took  his  seat  as  presiding  officer  of  the  State 
Senate  he  said: 

"I  desire  to  observe  and  emphasize  the  fact  that  this 
Legislature  is  competent  to  offer  and  shape  its  own  meas 
ures  without  the  aid  of  that  class  of  individuals  who, 
holding  no  official  relations  to  it,  yet  make  it  their  busi 
ness  to  constantly  hover  about  every  legislative  body, 
seeking  to  dictate  its  policy  and  influence  its  conduct. 
These  corrupt,  lobbying  influences,  which  are  unfortu 
nately  increasing  year  by  year,  and  which  no  honest  man 
can  view  without  concern,  should  be  frowned  upon  and 
discouraged.  These  men,  who  thus  surround  us  for  such 
purposes,  have  neither  the  interests  of  the  State  at  heart 
nor  the  welfare  of  its  representatives.  Their  motives  are 
mercenary,  their  occupation  disreputable,  and  their  very 
presence  a  reproach. " 


22 

In  the  last  speech  of  his  life,  made  at  Elmira,  his  old 
home,  he  pleaded  for  a  return  to  old-time  principles  of 
honesty  in  public  life. 

And  it  is  known  of  all  men  that  his  conduct  ever  kept 
step  with  his  discourse. 

LACK  OF  LUCKE  LUST. 

In  one  of  his  Senatorial  speeches  David  Bennett  Hill 
spoke  of  wealth  as  man's  " least  noble  possession. "  His 
friends  well  knew  of  his  lack  of  instinct  for  the  accumu 
lation  of  riches.  Though  his  practice  after  the  close  of 
his  public  service  was  lucrative,  Death  found  him  a  rela 
tively  poor  man. 

He  cared  not  for  money  for  itself,  nor  did  he  garner 
it  to  minister  to  his  personal  pleasure. 

He  was  honest  to  the  extreme.  He  did,  as  a  matter 
of  course,  many  things  which  would  have  seemed  far 
from  necessary  to  many  men,  and  to  most  others  would 
have  seemed  of  such  rare  excellence  as  to  deserve  an- 
nouncement  to  and  approbation  by  the  public. 

An  example  of  such  exact  probity  is  found  in  his 
refusal  to  accept  the  four  thousand  dollars  and  over 
which  represented  the  salary  of  United  States  Senator 
from  the  time  of  his  election  to  the  day  he  qualified. 
He  threatened  to  mandamus  the  Clerk  unless  the  money 
was  returned  to  the  Treasury.  Though  this  happened  in 
eighteen  hundred  and  ninety-two,  even  closest  friends 
knew  nothing  of  it  till  after  his  death.  We  find  it  difficult 
to  avoid  contrasting  it  with  the  modern  custom. 

He  spent  much  money  in  deeds  of  charity  and  kind 
ness,  observing  ever  the  scriptural  injunction,  "Let  not 
thy  left  hand  know  what  thy  right  hand  doeth."  Such 
an  instance  his  death  disclosed  also.  The  last  day  before 


23 

his  fatal  illness  he  spent  at  Troy  ordering  a  bell  for  the 
village  church  he  attended  in  his  boyhood,  and  it  was  stip 
ulated  that  he  was  not  to  be  named  as  the  bestower. 

THIS  WAS  A  MAN. 

This  was  a  man,  of  highest  ideals  and  clean  life,  fear 
less,  incorruptible,  zealous  in  politics,  loyal  to  the  councils 
and  principles  of  his  party,  faithful  to  every  public  trust, 
conscientiously  devoted  to  the  welfare  of  the  people,  en 
during  calumny  patiently,  eager  to  help  all  distress,  never 
vaunting  his  rectitude  or  beneficences,  and  having  per 
sonal  qualities  that  made  his  friendship  a  thing  to  be 
cherished  with  nothing  less  dear  and  sacred  than  ties  of 
home  and  nearest  kindred. 

By  his  death  his  profession  loses  an  able,  logical  and 
scholarly  advocate,  his  party  a  potent,  enthusiastic  and 
pre-eminent  leader,  and  his  country  a  great,  far-seeing 
and  broad-minded  statesman. 

To  the  smaller  company  of  his  friends  the  loss  is  yet 
greater;  for  his  friendship  for  others,  once  given,  knew 
not  change  or  diminution  through  circumstance  or  time. 
The  consolation  that  remains  rests  in  the  trust  that  his 
friendship  knows  no  change  through  eternity! 


GAYLOAD    BROS. 

MAKERS 

SYRACUSE,  -  M.Y. 


240995 


